Introduced by Assembly Member Brown(Principal coauthor: Assembly Member Atkins)(Coauthors: Assembly Members Cooley, Levine, Waldron, and Yamada)

February 14, 2014

An act to add and repeal Section 9104 to the Welfare and Institutions Code, relating to aging.

LEGISLATIVE COUNSEL'S DIGEST

AB 1744, Brown.
California Department of Aging.

The Mello-Granlund Older Californians Act creates the California Department of Aging to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law requires the department, in accomplishing its mission, to consider available data and population trends in developing programs and policies, collaborate with area agencies on aging, the California Commission on Aging, and other state and local agencies.

This bill, until January 1, 2018, would require the department to establish a blue-ribbon task force comprised of at least 13 members, as specified, to make legislative recommendations regarding supportive services for family caregivers in California, if the department receives sufficient nonstate funds
from private sources to implement the bill. The bill would require the task force to prepare a report of its findings and recommendations and provide it to the Legislature on or before July 1, 2017. The bill would make related findings and declarations.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the California Caregiver Act of 2014.

SEC. 2.

The Legislature finds and declares all of the following:

(a) A caregiver can be any relative, partner, friend, or neighbor who has a significant relationship with, and who provides a broad range of assistance to, an older person or an adult with a chronic or disabling condition.

(b) At present, there is no complete inventory of caregiving programs available to Californians performing unpaid caregiving services for an aging or disabled family member, friend, or neighbor.

(c) Family support is a key driver in remaining in one’s home and community, but it comes at
substantial costs to the caregivers, their families, and to society. If family caregivers were no longer available, the economic cost to California’s health care and long-term services and supports systems would increase astronomically.

(d) Fifty-nine percent of all family caregivers are employed full or part time. Family caregivers typically spend 20 hours a week caring for a family member who needs help with bathing, dressing, and other kinds of personal care, as well as household tasks such as shopping and managing finances.

SEC. 3.

Section 9104 is added to the Welfare and Institutions Code, to read:

9104.

(a) The department shall establish a blue-ribbon task force on unpaid family caregiving upon receipt of sufficient nonstate funds, as determined by the department, from private sources to implement this section. The department shall use the private funds solely for the planning, operation, assessment, and final recommendations of the task force.

(b) The task force shall be chaired by a representative elected by the members of the task force.

(c) The task force shall be comprised of at least 13 members, each of whom shall have experience in one or more of the following categories:

(1) A person with experience in the field of academic research on caregiving.

(2) A family caregiver for an adult with a chronic or disabling condition.

(3) A representative of the mental health community.

(4) A representative of the California caregiver resource centers.

(5) A representative of the Alzheimer’s Disease community.

(6) A representative of an organization that provides community-based adult services.

(7) A representative of an organization that provides services to caregivers.

(8) A representative of a nonprofit organization
representing senior citizens.

(9) A representative with expertise in and knowledge of the specific needs of culturally and linguistically diverse caregivers and the unique challenges of delivering services to family caregivers who face cultural or linguistic barriers.

(10) An adult with a chronic or disabling condition who receives care from an unpaid caregiver or family member.

(11) A director or designated representative of an area agency on aging.

(d) The blue-ribbon task force shall do all of the following:

(1) Review the current policies and practices of state, local, and community programs available to caregivers of adults with chronic or disabling conditions, and consider how the
needs of family caregivers should be assessed and addressed so that they can continue in their caregiving role without being overburdened.

(2) Consider the recommendations of other state plans, including, but not limited to, the Olmstead Plan, the Long-Range Strategic Plan on Aging, the State Plan for Alzheimer’s Disease, and the State Plan on Aging.

(3) Compile an inventory of the resources available to family caregivers.

(4) Determine gaps in services to family caregivers and identify barriers to participation in current programs.

(5) Consider cultural and linguistic factors that impact caregivers and care recipients who are from diverse populations.

(6) Consult with a broad range of
stakeholders, including, but not limited to, people diagnosed with Alzheimer’s disease, adults with disabling or chronic conditions, family caregivers, community-based and institutional providers, caregiving researchers and academicians, formal caregivers, the Caregiver Resource Centers, the California Commission on Aging, and other state entities.

(7) Solicit testimony on the needs of family caregivers, including the designation of caregivers, training, respite services, medical leave policies, delegation of tasks to nonmedical aides, and other policies.

(8) Assess information referral and resource sharing systems used by family caregivers by doing all of the following:

(A) Compiling an inventory of the resources available to family caregivers.

(B) Determining access barriers in the current system.

(C) Considering the cultural and linguistic factors that impact caregivers and care recipients who are from diverse populations.

(D) Comparing consistency of access across the counties.

(9) Identify best practices both in California and in other states.

(10) Explore expanding those best practices in caregiving programs to populations that are not currently targeted.

(11) Make specific recommendations that address, at a minimum, each of the following:

(A) The development of an Internet Web site or portal that contains a list of current resources and supports available in a family caregiver’s community, and the contact information of a person or organization who can help a family caregiver navigate these support services.

(B) The enhancement of outreach and education efforts by area agencies on aging and family resource centers.

(C) The development of a caregiver screening and assessment tool that will help identify which services and supports a family caregiver needs.

(12) Prepare and provide to the Legislature a report of its findings and recommendations on or before July 1, 2017.

(e) (1) Members shall serve without compensation, but shall receive reimbursement for
travel and other necessary expenses actually incurred in the performance of their official duties.

(2) The task force shall meet on a bimonthly basis.

(3) Members of the task force shall be appointed to serve for the duration of the task force.

(4) All meetings of the task force shall be open to the public and adequate notice shall be provided in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(f) A report to be submitted pursuant to paragraph (11) of subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.

(g) This section
shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.